Cyprus must pay up for use of house in buffer zone, rights court rules

(CN) — Europe’s top rights court on Wednesday ordered Cyprus to pay more than $20,000 to a woman whose home in the country’s demilitarized zone was used by U.N. peacekeepers.

The European Court of Human Rights found that Cyprus, by refusing to pay rent on a two-story house used to house British peacekeepers, had violated the owner’s right to protection of property.

The island has been politically and ethnically split since a 1974 Greek-backed coup. After intervention by the Turkish army, the island was split between Turkish Cypriots and Greek Cypriots. With the backing of Turkey, the northeastern portion of Cyprus declared itself an independent state, the Turkish Republic of Northern Cyprus. But no country other than Turkey recognizes Northern Cyprus.

The rest of the island falls under the Republic of Cyprus, which became an EU member in 2000.

Maryanne Ioannides’ father gave her the house in the capital, Nicosia, in 1973. Following the invasion, a 112-mile-long buffer zone — known as the Green Line — was established in 1976. The property falls in the restricted area between the two sides.

The stone house was across the street from the British Council, the United Kingdom’s international cultural organization, and was initially rented for council staff. Deeming the situation too dangerous, they left the property in 1974.

The house remained empty for nearly 20 years until the United Nations Peacekeeping Force in Cyprus decided the uninhabited property could be used to house troops. In 2001, Ioannides found out from a family friend that the house had been taken over by the force, which made extensive repairs to the building.

Eventually Ioannides requested the government pay rent for using the house. Cyprus refused, arguing the repairs to the house were sufficient compensation and, as the house was located in the buffer zone, it had no rental value.

In 2007, Ioannides filed initial proceedings against Cyprus, culminating in a 2018 Supreme Court decision that the peacekeeping agreement forced the state to permit use of the home.

The Strasbourg-based court partially agreed. The seven-judge panel rejected an argument that Ioannides’ inability to access the property was the fault of the Cypriot government. However, the judges concluded that the government was able to stipulate some parts of the peacekeeping arrangements.

“Cyprus could still set how and on what conditions UNFICYP could occupy the applicant’s house,” the judges wrote.

By refusing to negotiate for rent on her behalf or paying for the use of the house, Cyprus was found to be in violation of the European Convention of Human Rights, which created the court in 1953.

The judges ordered Cyprus to pay 22,000 euros ($22,600) in damages.

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